University of New Hampshire University of New Hampshire Scholars' Repository Master's Theses and Capstones Student Scholarship Fall 2013 Edward H Durell, New Orleans Civic Reformer and Reconstruction Judge Sean C. Perry University of New Hampshire, Durham Follow this and additional works at: https://scholars.unh.edu/thesis Recommended Citation Perry, Sean C., "Edward H Durell, New Orleans Civic Reformer and Reconstruction Judge" (2013). Master's Theses and Capstones. 169. https://scholars.unh.edu/thesis/169 This Thesis is brought to you for free and open access by the Student Scholarship at University of New Hampshire Scholars' Repository. It has been accepted for inclusion in Master's Theses and Capstones by an authorized administrator of University of New Hampshire Scholars' Repository. For more information, please contact [email protected]. Edward H. Durell, New Orleans Civic Reformer and Reconstruction Judge BY Sean C. Perry BA, University of New Hampshire. 2003 THESIS Submitted to the University of New Hampshire in Partial Fulfillment of the Requirements for the Degree of Master of Arts in History September, 2013 UMI Number: 1524305 All rights reserved INFORMATION TO ALL USERS The quality of this reproduction is dependent upon the quality of the copy submitted. In the unlikely event that the author did not send a complete manuscript and there are missing pages, these will be noted. Also, if material had to be removed, a note will indicate the deletion. UMI Dissertation PiiblishMiQ UMI 1524305 Published by ProQuest LLC 2013. Copyright in the Dissertation held by the Author. Microform Edition © ProQuest LLC. All rights reserved. This work is protected against unauthorized copying under Title 17, United States Code. ProQuest LLC 789 East Eisenhower Parkway P.O. Box 1346 Ann Arbor, Ml 48106-1346 ALL RIGHTS RESERVED © 20 13 Sean C. Perry This thesis has been examined and approved. Thesis Director, J. William Harris, Ph.D, Professor of History Jason Sokol, Ph.D, Assistant Professor of History Gregory McMahon, Ph.D, Associate Professor of History To Mara, Aeneas, and Lilija Perry Acknowledgments Professor J. William Harris warned me in 2011 that New Orleans during Reconstruction was a labyrinth of factions, violence and confusion. I agreed with his assessment, but later discovered just how much I had underestimated his description. Professor Harris’ knowledge of the American south, and American history, during the eras covered in this thesis proved invaluable. More importantly, his patience and editing have transformed this research into a readable narrative. Without Professor Harris’ assistance, I doubt I ever would have finished. I also would like to thank Professors Jason Sokol and Gregory McMahon. Their editing skills proved crucial, of course, but they provided me far more than that. Professor Sokol’s colloquium covering the Civil Rights Era of the Twentieth Century provided a context researching Reconstruction that informed my writing and understanding of the tactics of Reconstruction-era Democrats. For two years no one listened to me ramble on more about Edward Durell than Professor McMahon. In fact, this project never would have began if he had not responded with “well, that sounds interesting,” when I told him there was a former Mayor of New Orleans buried in Dover, New Hampshire. Speaking of Judge Durell’s grave, I must thank his wife, Mary, who was responsible for the massive tombstone, located in Pine Hill cemetery in Dover. I feel confident in saying that Judge Durell would have been absolutely mortified to know how extravagant his stone is, and he never would have approved of it while living. Without that prominent stone I never would have noticed it while taking a short cut to the bus stop in 1991. Twenty years later, I suddenly remembered it. I also must thank Judge Durell’s sister, Elizabeth, who saved most, if not all, of the letters she received from Edward between 1834 and 1875. A large percentage of the new information contained in this thesis comes from those letters. The entire staff at the New York Historical Society deserves mention. A vast majority of the letters in the E. H. Durell papers were untouched since first archived. Folded and then taped inside notebooks, the letters are extremely fragile. They allowed me unlimited photography, and trusted me to handle documents I didn’t trust myself to touch. Their genuine excitement that someone was actually looking at the papers proved contagious. I confess that over the course of research and writing I grew to admire Judge Durell. This was due, in large part, to my parents Frank and Eleanor Perry. Like Judge Durell, they taught me, and have lived by, a strong belief that the ends never justify the means, two wrongs never make a right, and that working hard and doing the right thing is reward enough, even if no one else recognizes your actions. During the writing our family dog, Lucy, died. It wasn’t until the old, stray beagle/basset mix from North Carolina was gone that I recognized how often she was my sounding board in research and writing. The last eight weeks of this project were more difficult without her. vii Without my beautiful wife Mara’s support, I would still be laboring at a profession I disliked. Her love for her career motivated me to return to Graduate school, and her proficiency at her career gave us the financial flexibility to do so. Her patience during some trying and stressful times is beyond description. I love her for this and a myriad of other reasons. I must also thank my children, Aeneas, now six, and Lilija, now four. Both have displayed an astounding patience with my schedule, my stress and my need for writing time. Both have somehow maintained a very active and sincere interest in Judge Durell. They are now quite the young experts on my subject, and they have passed this on to their friends in kindergarten and pre-school. Aeneas, sensitive to unfair treatment as only a six year old can be, remains incensed at Judge Durell’s historical treatment. Lilija, especially, has elicited sympathy for Judge Durell, whose father, she gravely informs her young friends, “was not very nice.” I hope their interest in my work continues. Lastly, I need to thank Judge Edward Henry Durell, for being the man he was. viii Table of Contents Abstract Introduction.................................................................................................... 1 Chapter 1......................................................................................................13 Flight from the Family Legacy Chapter 2 ..................................................................................................... 31 A Fateful Decision to “Save” New Orleans Chapter 3 ..................................................................................................... 99 Civil War, Reconstruction, and Exile Conclusion................................................................................................. 145 Bibliography ...............................................................................................153 ix Abstract EDWARD H. DURELL, NEW ORLEANS CIVIC REFORMER AND RECONSTRUCTION JUDGE By Sean C. Perry University of New Hampshire, September, 2013 Judge Edward Henry Durell has faded from the historiography of New Orleans, the Civil War, and Reconstruction. When he does appear, the long held belief that he was a drunkard, corrupt and feeble man sometimes remain. This Thesis utilizes his virtually untouched personal papers to reveal a far different picture. Edward Durell exerted great effort to never be corrupt, despite numerous opportunities to enrich himself at the public expense. He was a brilliant man, who played an important role in modernizing the infrastructure and government of New Orleans in the years 1850 through 1856. He served in his many public roles during the Civil War and Reconstruction at times unwillingly. He distrusted and dislike politicians of both sides of Reconstruction, and resisted numerous attempts by politicians to abuse his power as a Federal Judge to advance partisan agendas. His ruling on the Louisiana state election of 1872 has long stood as evidence of either his incompetence or corruption. This thesis reveals his motivations were noble and, he felt, entirely legal. It was the actions of others, both Democrat and Republican, to scapegoat him for their own political ends that X has resulted in a distorted and unfair representation of what actually occurred, and why. 1 Introduction . To die misrepresented and misunderstood, cheated of fair fame, with another's crime fastened upon us — to die taken in the toils of an enemy, who usurps our purposes, and gives to history a lie growing with each new teller of the story — this is terrible. .. When will History listen to the defense which has not been heard? - Edward Henry Durell, 18521 Edward Henry Durell was born in Dover, New Hampshire in 1810. His mother was the daughter of John Wentworth, Jr., a signer of the Articles of Confederation, a prominent lawyer and one of New Hampshire’s respected revolutionary statesmen. His father, Daniel Meserve Durell, was a self made man, rising from poverty to attain wealth, power and entry into the highest social spheres in the growing mill town of Dover. After attending Harvard and Harvard Law, Edward served under his father, then the United States District Attorney for New Hampshire, before passing the bar. During this period he grew disillusioned with the political, business and social machinations